NEW DELHI: The Supreme Court today refused to pass any interim order against its 12-year-old verdict that had dealt with the application of the ‘creamy layer’ for reservations to SC and ST categories in Government job promotions, saying it will be examined by a seven-judge bench.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it cannot hear the matter only for the purpose of interim relief as a reference has already been made to the constitution bench.
“You see, a reference has already been made for hearing the matter by a larger bench. A seven-judge constitution bench needs to be constituted to consider M Nagaraj verdict which was heard by a five-judge bench,” the bench said.
The M Nagaraj verdict of 2006 had held that the ‘creamy layer’ concept cannot be applied to the Scheduled Castes and Scheduled Tribes for promotions in Government jobs, like two earlier verdicts of 1992 Indra Sawhney and others versus Union of India (popularly called Mandal Commission verdict) and 2005 E V Chinnaiah versus State of Andhra Pradesh which had dealt with creamy layer in Other Backward Classes category. (AGENCIES)
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